Conditions Precedent to Performance by Seller. Subject to the terms and conditions of this Agreement, and unless waived by Seller in its sole discretion, Seller’s obligation to perform under this Agreement shall be conditioned upon each of (a) the achievement of the Commercial Operation Date of the System (as defined in the System PPA) as determined by Seller in its sole discretion, and (b) payment by the Regional Partners of the ▇▇▇▇ ▇▇▇▇▇ Amount to System Owner.
Appears in 2 contracts
Sources: Bill Credit Agreement, Bill Credit Agreement